HANDBOOK CONTENTS I The Power of Eminent Domain • What is eminent domain? • What is a "public use" for which the government might be able to take my property? • Can I challenge the government's right to take my property? • If I am successful in challenging the government's right to take my property, can I keep my property and recover my costs? • If I am unsuccessful in challenging the government's right to take my property, will I have to pay for the government's costs? II The Eminent Domain Process III Just Compensation IV Retaining an Attorney
	THE CALIFORNIA EMINENT DOMAIN HANDBOOK Chapter I: The Power of Eminent Domain Can I challenge the government's right to take my property? Even though most government agencies have the power of eminent domain, on occasion, a successful challenge to the government's right to take a particular property for a particular project can be made. Such challenges, however, are the exception, not the rule, and usually result only in a delay, rather than outright prevention of the government's right to take. Typical challenges to the right to take include failure of the government to follow the proper procedural steps towards eminent domain (see "The Eminent Domain Process" chapter of this Handbook). It must be remembered that the circumstances allowing a successful challenge to the right to take are rare. Each case must be evaluated on its own facts and experienced eminent domain counsel should be consulted. Seeking compensation for the taking, rather than challenging the government's right to take, will be the property or business owner's usual remedy.
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